If someone sell their house for 105,00 and agrees to fence the backyard and replace the roof but doesn't sign a contract for replacing the roof and fencing, and the person goes ahead and hires a contractor to fence the yard and work on the roof. then two days later the person the house is being sold to is backing out on the deal because he is being transferred to another city, and already the previous owner has spent $950 on the house what is a fair result to the situation?
Answer
Without a written contract, the seller has no claim against the buyer. The buyer's only obligation was to buy, and that cannot be enforced absent a writing. If there was a writing but it allowed the buyer to back out, it still provides no protection to the seller here. The seller, however, now has a more marketable/valuable property to sell.
Answer
As a Franchise Attorney I agree with the other attorney answer. There's a fair result and a legal result. The legal result is outlined in the other attorney's answer. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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